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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5247 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5247

 To amend the Immigration and Nationality Act to provide nonimmigrant 
 visas for cooperating witnesses of certain criminal activity, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

  Mr. Murphy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to provide nonimmigrant 
 visas for cooperating witnesses of certain criminal activity, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Witness Assistance and Criminal 
Accountability Act''.

SEC. 2. PROTECTION FOR COOPERATING WITNESSES OF CERTAIN CRIMINAL 
              ACTIVITY.

    (a) Establishment of a Cooperating Witness Nonimmigrant 
Classification.--Section 101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (T)(ii)(III), by striking the period at 
        the end and inserting a semicolon;
            (2) in subparagraph (U)(iii), by striking ``; or'' and 
        inserting a semicolon;
            (3) in subparagraph (V)(ii)(II), by striking the period at 
        the end and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(W)(i)(I) subject to section 214(s), an alien who 
                files a petition for status under this subparagraph, if 
                the Secretary of Homeland Security determines that--
                            ``(aa) the alien (or in the case of an 
                        alien child, the parent, guardian, or next 
                        friend of the alien) is in possession of 
                        critical reliable information concerning 
                        criminal activity referred to in subparagraph 
                        (U)(iii), regardless of the location in which 
                        such criminal activity occurred;
                            ``(bb) the alien (or in the case of an 
                        alien child, the parent, guardian, or next 
                        friend of the alien)--
                                    ``(AA) is willing to provide, is 
                                likely to be willing to provide, or has 
                                provided such information to a relevant 
                                authority; or
                                    ``(BB) cooperated with a relevant 
                                authority in a manner that a relevant 
                                authority determines to have been 
                                critical to the detection, 
                                investigation, prosecution, conviction, 
                                or sentencing of such criminal 
                                activity; or
                            ``(cc) the presence of the alien (or in the 
                        case of an alien child, the presence of the 
                        parent, guardian, or next friend of the alien) 
                        in the United States is essential to an 
                        authorized criminal detection, investigation, 
                        prosecution, conviction, sentencing, or the 
                        successful prosecution of an individual 
                        involved in such criminal activity; or
                    ``(II) if accompanying, or following to join, the 
                alien described in subclause (I)--
                            ``(aa) in the case of an alien described in 
                        subclause (I) who is under 21 years of age, the 
                        spouse, children, unmarried siblings under 18 
                        years of age on the date on which such alien 
                        applied for status under such subclause, and 
                        parents of such alien; or
                            ``(bb) in the case of an alien described in 
                        subclause (I) who is 21 years of age or older, 
                        the spouse and children of such alien; and
                    ``(ii) in this subparagraph, the term `relevant 
                authority' means--
                            ``(I) a Federal, State, or local law 
                        enforcement official;
                            ``(II) a Federal, State, or local 
                        prosecutor;
                            ``(III) a Federal, State, or local judge;
                            ``(IV) an employee of the Department of 
                        Homeland Security; and
                            ``(V) any other Federal, State, or local 
                        judge or authority who has responsibility for 
                        the detection, investigation, prosecution, 
                        conviction, or sentencing of criminal 
                        activity.''.
    (b) Requirements Applicable to W Visas.--Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at 
the end the following:
    ``(s) Requirements Applicable to Section 101(a)(15)(W) Visas.--
            ``(1) Petitioning procedures for section 101(a)(15)(W) 
        visas.--The petition filed by an alien under section 
        101(a)(15)(W)(i)(I) shall contain a certification from a 
        relevant authority (as defined in section 101(a)(15)(W)(ii)). 
        This certification shall state that the alien `has been 
        willing, is being willing, or is likely to be willing to 
        provide critical reliable information' concerning the 
        detection, investigation, prosecution, conviction, or 
        sentencing of criminal activity described in section 
        101(a)(15)(U)(iii).
            ``(2) Numerical limitations.--
                    ``(A) In general.--The number of aliens who may be 
                issued visas or otherwise provided status as 
                nonimmigrants under section 101(a)(15)(W) in any fiscal 
                year shall not exceed 10,000.
                    ``(B) Exemption.--The numerical limitations in 
                subparagraph (A) shall not apply to spouses, children, 
                or, in the case of alien children, the alien parents of 
                such children.
            ``(3) Duties of the secretary of homeland security with 
        respect to `w' visa nonimmigrants.--With respect to a 
        nonimmigrant alien described in section 101(a)(15)(W), the 
        Secretary of Homeland Security and other government officials 
        shall--
                    ``(A) as appropriate, provide the alien with 
                referrals to nongovernmental organizations to advise 
                the alien regarding their options while in the United 
                States and the resources available to them; and
                    ``(B) provide the alien with employment 
                authorization during the period the alien is in lawful 
                temporary resident status under that section.
            ``(4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular officer, the 
        Secretary of Homeland Security shall consider any credible 
        evidence relevant to the petition.
            ``(5) Nonexclusive relief.--Nothing in this subsection may 
        be construed to limit the ability of an alien who is eligible 
        or qualifies for status as a nonimmigrant described in section 
        101(a)(15)(W) to seek any other immigration benefit or status 
        for which the alien may be eligible.
            ``(6) Duration of status.--The authorized period of status 
        of an alien as a nonimmigrant described in section 
        101(a)(15)(W) shall be for a period of not more than 4 years, 
        but shall be extended upon certification from a relevant 
        authority (as defined in section 101(a)(15)(W)(ii)) that the 
        alien's presence in the United States is required to assist in 
        the detection, investigation, prosecution, conviction, or 
        sentencing of criminal activity described in section 
        101(a)(15)(U)(iii). The Secretary of Homeland Security is 
        authorized to extend the status of such an alien beyond the 4-
        year period authorized under this paragraph if the Secretary 
        determines that an extension of such period is warranted. Such 
        an alien's nonimmigrant status shall be extended if the alien 
        has properly filed an application or petition for an 
        immigration benefit or has been granted such a benefit but a 
        visa is not immediately available. The Secretary of Homeland 
        Security may authorize for employment in the United States any 
        alien who has a pending, bona fide application for nonimmigrant 
        status under section 101(a)(15)(W).
            ``(7) Age determinations.--
                    ``(A) Children.--An unmarried alien who seeks to 
                accompany, or follow to join, a parent granted status 
                as a nonimmigrant described in section 
                101(a)(15)(W)(i)(I), and who was under 21 years of age 
                on the date on which such parent petitioned for such 
                status, shall continue to be classified as a child for 
                purposes of section 101(a)(15)(W)(i)(II), if the alien 
                attains 21 years of age after such parent's petition 
                was filed but while it was pending.
                    ``(B) Principal alien.--An alien described in 
                subclause (I) of section 101(a)(15)(W)(i) shall 
                continue to be treated as an alien described in 
                subclause (II)(aa) of such section if the alien attains 
                21 years of age after the alien's application for 
                status under such clause is filed but while it is 
                pending.''.

SEC. 3. ADJUSTMENT OF STATUS FOR COOPERATING WITNESSES.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(o) Witnesses to Crimes.--
            ``(1) Authority to adjust status.--The Secretary of 
        Homeland Security or the Attorney General may adjust the status 
        of an alien admitted into the United States (or otherwise 
        provided nonimmigrant status) under section 101(a)(15)(W) to 
        that of an alien lawfully admitted for permanent residence if 
        the alien is not described in section 212(a)(3)(E), unless the 
        Secretary or Attorney General, as applicable, determines based 
        on affirmative evidence that the alien unreasonably refused to 
        provide assistance in a criminal investigation or prosecution, 
        if--
                    ``(A) the alien has been physically present in the 
                United States for a continuous period of at least 3 
                years since the date of admission as a nonimmigrant 
                under section 101(a)(15)(W); and
                    ``(B) in the opinion of the Secretary or the 
                Attorney General, as applicable, the alien's continued 
                presence in the United States is justified for law 
                enforcement purposes, on humanitarian grounds, or to 
                ensure family unity, or is otherwise in the public 
                interest.
            ``(2) Continuous physical presence.--An alien shall be 
        considered to have failed to maintain continuous physical 
        presence in the United States under paragraph (1)(A) if the 
        alien has departed from the United States for any period in 
        excess of 90 days or for any periods in the aggregate exceeding 
        180 days unless--
                    ``(A) the absence is in order to assist in the 
                detection, investigation, prosecution, conviction, or 
                sentencing of criminal activity described in section 
                101(a)(15)(U)(iii); or
                    ``(B) an official involved in the investigation or 
                prosecution certifies that the absence was otherwise 
                justified.
            ``(3) Spouses, children, and parents.--On approval of 
        adjustment of status under paragraph (1) of an alien described 
        in section 101(a)(15)(W)(i), the Secretary of Homeland Security 
        may adjust the status of or issue an immigrant visa to (and, as 
        applicable, the Attorney General may adjust the status of) a 
        spouse, a child, or, in the case of an alien child, a parent 
        who did not receive a nonimmigrant visa under section 
        101(a)(15)(W)(i)(II), if the Secretary of Homeland Security (or 
        Attorney General) considers the grant of such status or visa 
        necessary to avoid extreme hardship.
            ``(4) Record of admission.--On the approval of adjustment 
        of status under paragraph (1) or (3), the Secretary of Homeland 
        Security or the Attorney General, as applicable, shall record 
        the alien's lawful admission for permanent residence as of the 
        date of such approval.
            ``(5) Consultation.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall consult with the Attorney General, as 
                appropriate, in making a determination under paragraph 
                (1) whether affirmative evidence demonstrates that the 
                alien unreasonably refused to provide assistance to a 
                Federal law enforcement official, Federal prosecutor, 
                Federal judge, or other Federal authority investigating 
                or prosecuting criminal activity described in section 
                101(a)(15)(U)(iii).
            ``(6) Rule of construction.--Nothing in paragraph (1)(B) 
        may be construed to prevent the Secretary of Homeland Security 
        from consulting with the Attorney General in making a 
        determination whether affirmative evidence demonstrates that 
        the alien unreasonably refused to provide assistance to a State 
        or local law enforcement official, State or local prosecutor, 
        State or local judge, or other State or local authority 
        investigating or prosecuting criminal activity described in 
        section 101(a)(15)(U)(iii).''.
                                 <all>
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